Articles Posted in wrongful death

La Ley de Muerte por Negligencia de Florida, §§ 768.16–768.26, Estatutos de Florida, se centra en las pérdidas sufridas por los sobrevivientes individuales y crea un derecho distinto a la indemnización para cada uno. Si bien cada sobreviviente tiene un derecho independiente a la indemnización, no pueden presentar demandas por separado. En cambio, el representante…

Florida’s Wrongful Death Act, §§ 768.16–768.26, Fla. Stat., focuses on the losses suffered by individual survivors and creates a distinct entitlement to damages for each one. Although each survivor has a separate claim for damages, they may not bring separate lawsuits. Rather, the decedent’s personal representative is the sole party with standing to file a…

For those of us in Florida familiar with the constraints of the state’s sovereign immunity law, Florida Statute 768.28, the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, comes as a pleasant surprise. Under the state law, judgment damages against the state—or any of its agencies or subdivisions — are capped at $200,000 per…

Overview of the Florida Wrongful Death Act When a person’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty by another individual or company—including incidents occurring on navigable waters—Florida law determines who may be entitled to compensation. These legal rights and procedures are governed by statute, specifically the Florida…

Under Section 400.022, Florida Statutes (2025), nursing home residents are guaranteed specific rights. Licensed facilities must publish these rights and ensure that residents are treated in accordance with them. If a facility violates these rights and a resident suffers injury or death as a result, the facility may face legal proceedings. Although nursing homes are…

In every negligence action for personal injury or wrongful death, the plaintiff must establish three core elements: (1) a duty owed by the defendant; (2) a breach of that duty; and (3) that the breach proximately caused the claimed damages. While duty and breach often dominate attention, proximate cause is the element that connects wrongdoing…

Sovereign immunity stems from the medieval doctrine that “The King can do no wrong.” In Florida, this principle historically meant that government entities could not be held financially responsible for harm caused by their negligence. That changed in 1975, when the Florida Legislature enacted Section 768.28, Florida Statutes, which partially waived sovereign immunity. For the…

Since 1990, Florida has enforced a statute commonly referred to as the “Free Kill” law. Codified at Section 768.21(8) of the Florida Wrongful Death Act, this provision creates a glaring exception in an otherwise remedial framework intended to support grieving families. The legislative intent behind the Wrongful Death Act, as stated in Section 768.17, is…

Any lawsuit arising in Florida from the death of an individual caused by the wrongful act, negligence, or default of another person or entity is governed by the Florida Wrongful Death Act (Sections 768.16–768.26, Florida Statutes). This blog highlights some key legal considerations involved in pursuing a wrongful death claim. Statute of Limitations Under Section…

We just received a telephone call from a heartbroken mother whose 47-year old daughter died a few years ago after falling into a diabetic coma. A well-being, or safety check, call was made to the local police department a day after the young woman phoned to inform her employer that she wasn’t feeling well. A…